Clery Act Text 2010

(1) Each eligible institution participating in any program under
this subchapter and part C of subchapter I of chapter 34 of title
42, other than a foreign institution of higher education, shall on
August 1, 1991, begin to collect the following information with
respect to campus crime statistics and campus security policies of
that institution, and beginning September 1, 1992, and each year
thereafter, prepare, publish, and distribute, through appropriate
publications or mailings, to all current students and employees,
and to any applicant for enrollment or employment upon request, an
annual security report containing at least the following
information with respect to the campus security policies and campus
crime statistics of that institution:

(A) A statement of current campus policies regarding procedures
and facilities for students and others to report criminal actions
or other emergencies occurring on campus and policies concerning
the institution's response to such reports.

(B) A statement of current policies concerning security and
access to campus facilities, including campus residences, and
security considerations used in the maintenance of campus
facilities.

(C) A statement of current policies concerning campus law
enforcement, including -

(i) the law enforcement authority of campus security
personnel;

(ii) the working relationship of campus security personnel
with State and local law enforcement agencies, including
whether the institution has agreements with such agencies, such
as written memoranda of understanding, for the investigation of
alleged criminal offenses; and

(iii) policies which encourage accurate and prompt reporting
of all crimes to the campus police and the appropriate law
enforcement agencies.

(D) A description of the type and frequency of programs
designed to inform students and employees about campus security
procedures and practices and to encourage students and employees
to be responsible for their own security and the security of
others.

(E) A description of programs designed to inform students and
employees about the prevention of crimes.

(F) Statistics concerning the occurrence on campus, in or on
noncampus buildings or property, and on public property during
the most recent calendar year, and during the 2 preceding
calendar years for which data are available -

(i) of the following criminal offenses reported to campus
security authorities or local police agencies:

(ii) of the crimes described in subclauses (I) through (VIII)
of clause (i), of larceny-theft, simple assault, intimidation,
and destruction, damage, or vandalism of property, and of other
crimes involving bodily injury to any person, in which the
victim is intentionally selected because of the actual or
perceived race, gender, religion, sexual orientation,
ethnicity, or disability of the victim that are reported to
campus security authorities or local police agencies, which
data shall be collected and reported according to category of
prejudice.

(G) A statement of policy concerning the monitoring and
recording through local police agencies of criminal activity at
off-campus student organizations which are recognized by the
institution and that are engaged in by students attending the
institution, including those student organizations with off-
campus housing facilities.

(H) A statement of policy regarding the possession, use, and
sale of alcoholic beverages and enforcement of State underage
drinking laws and a statement of policy regarding the possession,
use, and sale of illegal drugs and enforcement of Federal and
State drug laws and a description of any drug or alcohol abuse
education programs as required under section 1011i of this title.

(I) A statement advising the campus community where law
enforcement agency information provided by a State under section
14071(j) of title 42, concerning registered sex offenders may be
obtained, such as the law enforcement office of the institution,
a local law enforcement agency with jurisdiction for the campus,
or a computer network address.

(J) A statement of current campus policies regarding immediate
emergency response and evacuation procedures, including the use
of electronic and cellular communication (if appropriate), which
policies shall include procedures to -

(i) immediately notify the campus community upon the
confirmation of a significant emergency or dangerous situation
involving an immediate threat to the health or safety of
students or staff occurring on the campus, as defined in
paragraph (6), unless issuing a notification will compromise
efforts to contain the emergency;
(ii) publicize emergency response and evacuation procedures
on an annual basis in a manner designed to reach students and
staff; and
(iii) test emergency response and evacuation procedures on an
annual basis.

(2) Nothing in this subsection shall be construed to authorize
the Secretary to require particular policies, procedures, or
practices by institutions of higher education with respect to
campus crimes or campus security.

(3) Each institution participating in any program under this
subchapter and part C of subchapter I of chapter 34 of title 42,
other than a foreign institution of higher education, shall make
timely reports to the campus community on crimes considered to be a
threat to other students and employees described in paragraph
(1)(F) that are reported to campus security or local law police
agencies. Such reports shall be provided to students and employees
in a manner that is timely and that will aid in the prevention of
similar occurrences.

(4) (A) Each institution participating in any program under this
subchapter and part C of subchapter I of chapter 34 of title 42,
other than a foreign institution of higher education, that
maintains a police or security department of any kind shall make,
keep, and maintain a daily log, written in a form that can be
easily understood, recording all crimes reported to such police or
security department, including –

(i) the nature, date, time, and general location of each crime;
and
(ii) the disposition of the complaint, if known.

(B)

(i) All entries that are required pursuant to this paragraph
shall, except where disclosure of such information is prohibited by
law or such disclosure would jeopardize the confidentiality of the
victim, be open to public inspection within two business days of
the initial report being made to the department or a campus
security authority.
(ii) If new information about an entry into a log becomes
available to a police or security department, then the new
information shall be recorded in the log not later than two
business days after the information becomes available to the police
or security department.
(iii) If there is clear and convincing evidence that the release
of such information would jeopardize an ongoing criminal
investigation or the safety of an individual, cause a suspect to
flee or evade detection, or result in the destruction of evidence,
such information may be withheld until that damage is no longer
likely to occur from the release of such information.

(5) On an annual basis, each institution participating in any
program under this subchapter and part C of subchapter I of chapter
34 of title 42, other than a foreign institution of higher
education, shall submit to the Secretary a copy of the statistics
required to be made available under paragraph (1)(F). The Secretary
shall -

(A) review such statistics and report to the authorizing
committees on campus crime statistics by September 1, 2000;
(B) make copies of the statistics submitted to the Secretary
available to the public; and
(C) in coordination with representatives of institutions of
higher education, identify exemplary campus security policies,
procedures, and practices and disseminate information concerning
those policies, procedures, and practices that have proven
effective in the reduction of campus crime.

(6) (A) In this subsection:

(i) The term "campus" means –

(I) any building or property owned or controlled by an
institution of higher education within the same reasonably
contiguous geographic area of the institution and used by the
institution in direct support of, or in a manner related to,
the institution's educational purposes, including residence
halls; and
(II) property within the same reasonably contiguous
geographic area of the institution that is owned by the
institution but controlled by another person, is used by
students, and supports institutional purposes (such as a food
or other retail vendor).

(ii) The term "noncampus building or property" means –

(I) any building or property owned or controlled by a student
organization recognized by the institution; and
(II) any building or property (other than a branch campus)
owned or controlled by an institution of higher education that
is used in direct support of, or in relation to, the
institution's educational purposes, is used by students, and is
not within the same reasonably contiguous geographic area of
the institution.

(iii) The term "public property" means all public property that
is within the same reasonably contiguous geographic area of the
institution, such as a sidewalk, a street, other thoroughfare, or
parking facility, and is adjacent to a facility owned or
controlled by the institution if the facility is used by the
institution in direct support of, or in a manner related to the
institution's educational purposes.

(B) In cases where branch campuses of an institution of higher
education, schools within an institution of higher education, or
administrative divisions within an institution are not within a
reasonably contiguous geographic area, such entities shall be
considered separate campuses for purposes of the reporting
requirements of this section.

(7) The statistics described in paragraph (1)(F) shall be
compiled in accordance with the definitions used in the uniform
crime reporting system of the Department of Justice, Federal Bureau
of Investigation, and the modifications in such definitions as
implemented pursuant to the Hate Crime Statistics Act. Such
statistics shall not identify victims of crimes or persons accused
of crimes.

(8) (A) Each institution of higher education participating in any
program under this subchapter and part C of subchapter I of chapter
34 of title 42, other than a foreign institution of higher
education, shall develop and distribute as part of the report
described in paragraph (1) a statement of policy regarding –

(i) such institution's campus sexual assault programs, which
shall be aimed at prevention of sex offenses; and
(ii) the procedures followed once a sex offense has occurred.

(B) The policy described in subparagraph (A) shall address the
following areas:

(i) Education programs to promote the awareness of rape,
acquaintance rape, and other sex offenses.
(ii) Possible sanctions to be imposed following the final
determination of an on-campus disciplinary procedure regarding
rape, acquaintance rape, or other sex offenses, forcible or
nonforcible.
(iii) Procedures students should follow if a sex offense
occurs, including who should be contacted, the importance of
preserving evidence as may be necessary to the proof of criminal
sexual assault, and to whom the alleged offense should be
reported.
(iv) Procedures for on-campus disciplinary action in cases of
alleged sexual assault, which shall include a clear statement
that –

(I) the accuser and the accused are entitled to the same
opportunities to have others present during a campus
disciplinary proceeding; and
(II) both the accuser and the accused shall be informed of
the outcome of any campus disciplinary proceeding brought
alleging a sexual assault.

(v) Informing students of their options to notify proper law
enforcement authorities, including on-campus and local police,
and the option to be assisted by campus authorities in notifying
such authorities, if the student so chooses.
(vi) Notification of students of existing counseling, mental
health or student services for victims of sexual assault, both on
campus and in the community.
(vii) Notification of students of options for, and available
assistance in, changing academic and living situations after an
alleged sexual assault incident, if so requested by the victim
and if such changes are reasonably available.

(C) Nothing in this paragraph shall be construed to confer a
private right of action upon any person to enforce the provisions
of this paragraph.

(9) The Secretary shall provide technical assistance in complying
with the provisions of this section to an institution of higher
education who requests such assistance.

(10) Nothing in this section shall be construed to require the
reporting or disclosure of privileged information.

(11) The Secretary shall report to the appropriate committees of
Congress each institution of higher education that the Secretary
determines is not in compliance with the reporting requirements of
this subsection.

(12) For purposes of reporting the statistics with respect to
crimes described in paragraph (1)(F), an institution of higher
education shall distinguish, by means of separate categories, any
criminal offenses that occur –

(A) on campus;
(B) in or on a noncampus building or property;
(C) on public property; and
(D) in dormitories or other residential facilities for students
on campus.

(13) Upon a determination pursuant to section 1094(c)(3)(B) of
this title that an institution of higher education has
substantially misrepresented the number, location, or nature of the
crimes required to be reported under this subsection, the Secretary
shall impose a civil penalty upon the institution in the same
amount and pursuant to the same procedures as a civil penalty is
imposed under section 1094(c)(3)(B) of this title.

(14) (A) Nothing in this subsection may be construed to –

(i) create a cause of action against any institution of higher
education or any employee of such an institution for any civil
liability; or
(ii) establish any standard of care.

(B) Notwithstanding any other provision of law, evidence
regarding compliance or noncompliance with this subsection shall
not be admissible as evidence in any proceeding of any court,
agency, board, or other entity, except with respect to an action to
enforce this subsection.

(15) The Secretary shall annually report to the authorizing
committees regarding compliance with this subsection by
institutions of higher education, including an up-to-date report on
the Secretary's monitoring of such compliance.

(16) The Secretary may seek the advice and counsel of the
Attorney General concerning the development, and dissemination to
institutions of higher education, of best practices information
about campus safety and emergencies.

(17) Nothing in this subsection shall be construed to permit an
institution, or an officer, employee, or agent of an institution,
participating in any program under this subchapter and part C of
subchapter I of chapter 34 of title 42 to retaliate, intimidate,
threaten, coerce, or otherwise discriminate against any individual
with respect to the implementation of any provision of this
subsection.

(18) This subsection may be cited as the "Jeanne Clery Disclosure
of Campus Security Policy and Campus Crime Statistics Act".